The Veteran's claim for a higher rating for his service-connected back condition was denied as the evidence did not show that his disability warranted a rating higher than 20 percent prior to January 16, 2020, and a rating higher than 40 percent thereafter.,The Veteran's claim for an initial rating higher than 10 percent for service-connected right lower extremity radiculopathy was denied as the evidence did not show that his disability warranted such a rating.,The Veteran's claim for an initial rating higher than 10 percent for service-connected left lower extremity radiculopathy was denied as the evidence did not show that his disability warranted such a rating.
The deciding factor: The evidence showed that the Veteran's back condition, prior to January 16, 2020, involved limitation of forward flexion to more than 30 degrees but less than 45 degrees during flare-ups with pain and associated functional limitations. After January 16, 2020, his condition manifested as a limited range of motion to 5 degrees with pain.,The evidence showed that the Veteran's right lower extremity radiculopathy was manifested as mild incomplete paralysis throughout the appeal period, warranting an initial rating no higher than 10 percent. Similarly, his left lower extremity radiculopathy was also manifested as mild incomplete paralysis throughout the appeal period, warranting a similar initial rating.
- Claimed conditions
- Spinal stenosis, Degenerative disc disease, L4-L5 lumbar spine condition, Spondylosis, Dextro-scoliosis, Thoracic spondylosis
- How they argued it
- Direct service connection
- Exposure basis
- None
- Rating
- Not verified here — check the original decision
- Decision date
- April 3, 2022
- Citation
- 22019961
This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Read the original VA decision (opens in a new tab) using citation 22019961.
What this means for you
A final Board denial may be appealed to the U.S. Court of Appeals for Veterans Claims, generally within 120 days of the Board mailing date. A Supplemental Claim with new and relevant evidence is a separate option. Another Higher-Level Review of the Board decision is not available. Check your own notice: this historical decision does not set your deadline.
What you can do next
Use your own notice and decision stage. A remanded issue is not a final court-appealable denial. VA review guidance and CAVC filing instructions (U.S. federal; reviewed October 7, 2026).
Related decisions
Other Board decisions on a similar condition or argued the same way.
- Whole decision: Denied
The Veteran's low back disability is currently rated at 20 percent, and the claim for a higher rating is denied. The left shoulder disability is also rated at 20 percent, but there are no incapacitating episodes to warrant a higher rating under the IVDS Formula. The TDIU claim is remanded.
- Whole decision: Denied
The Veteran's claim for a higher rating for degenerative disc disease prior to August 1, 2025 was denied as the evidence did not show unfavorable ankylosis of the thoracolumbar spine.,The Veteran's claims for higher ratings for left and right lower extremity radiculopathy prior to March 10, 2025 were denied as there is no neurological impairment associated with these conditions.
- Whole decision: Remanded (sent back)
The Veteran seeks higher initial ratings for his back disability, but the VA examinations from the period under review are inadequate. The Board finds that remand is necessary to obtain an opinion as to the severity and manifestations of the Veteran's back disability during the period under review.
- Whole decision: Denied
The Board denied the Veteran's claim for service connection for a back disability, finding that there was no evidence of chronicity or continuity of symptomatology since service and concluding that his current disabilities are more likely related to an in-service injury than to his military service.
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